Upchurch v. O’Brien

In a case arising out of what the Seventh Circuit described as a “relentless and disturbing campaign of harassment” by plaintiff against his neighbors over a claimed property easement, which resulted in the plaintiff being convicted of disorderly conduct and theft, plaintiff filed a lawsuit against his neighbors, their lawyer, the local district attorney, and three sheriff’s deputies seeking damages under the Racketeer Influenced and Corrupt Organizations Act (RICO) for alleged interference with his claimed easement. After a year of litigation and while under threat of sanctions, plaintiff moved to dismiss the case. The district court judge awarded sanction to the defendants and ordered plaintiff and his attorney to pay the defendants’ costs and attorney’s fees. Defendant instead appealed, arguing that the judge was required to hold a hearing before imposing sanctions. The Seventh Circuit noted that the appeal was untimely and dismissed it for lack of jurisdiction. The appellate court also found that the appeal was frivolous and granted defendants’ motion for sanctions under Rule 38 of the Federal Rules of Appellate Procedure and directed the clerk of court to send a copy of the opinion to the Wisconsin Office of Lawyer Regulation. (ROVNER and BRENNAN, concurring)